ANCOM: Users can freely appeal platforms’ moderation decisions

Online platforms operating in the European Union must provide users with free and accessible internal systems for appealing content moderation decisions, under the Digital Services Act (DSA). ANCOM stated that the obligation applies when content is removed, the visibility of posts is limited, or accounts are suspended or closed.

Users can first submit an electronic appeal directly on the platform. If the response is unsatisfactory, they can refer the matter to an independent out-of-court dispute settlement body or take the case to court.

Out-of-court bodies must issue a decision within no more than 90 calendar days, although the deadline may be extended to 180 days in complex cases. The decisions are not binding, but platforms and users must cooperate in good faith.

At present, Romania has no certified body for such disputes. Romanians can turn to entities in other member states, depending on the working language and area of expertise.

ANCOM oversees the application of the DSA, certifies bodies upon request, and can be notified if platforms do not provide clear information about these procedures.